COOPERATIVE COST REIMBURSEMENT AGREEMENT
FOR FAIRVIEW STREET REHABILIATION FROM SOUTH CITY LIMIT (SUNFLOWER
AVENUE) TO AL TON AVENUE
COOPERATIVE COST REIMBURSEMENT AGREEMENT ("Agreement"), is made and entered into this __ day of _____ , 2025, by and between the CITY OF SANTA ANA, a California charter city ("Santa Ana"), and the CITY OF COSTA MESA, a California municipal corporation ("Costa Mesa"). Related work on the project will include pavement grind and overlay, reconstruction of curb median with irrigation and landscaping, curb and gutter, driveways, bus pads, sidewalk repair, replacement of curb ramps to be in compliance with federal Americans with Disabilities Act requirements, signing and striping, and adjustment of manholes and water valves to grade. In this Agreement, Santa Ana and Costa Mesa may each be individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS:
WHEREAS, Santa Ana has initiated a street rehabilitation project (the "Project") to improve the pavement condition of Fairview Street from South City Limits (Sunflower Avenue) to Alton Avenue.
WHEREAS, Fairview Street within the Project limits contain a portion of property within Santa Ana and a portion of the street within the boundary of Costa Mesa; and WHEREAS, In an effort to efficiently utilize Costa Mesa resources, Costa Mesa wishes to improve a portion of Fairview Road within its boundary at the same time the Santa Ana Fairview Street Rehabilitation Project are conducted; and
WHEREAS, the Parties desire to repave Fairview Street (Fairview Road in the City of Costa Mesa), within their respective boundaries as part of the "Project".
NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties agree as follows;
1. Santa Ana will advertise for bids, hire a contractor, approve the work and administer the contract for street rehabilitation.
2. Costa Mesa is responsible for funding that portion of the Project within the Costa Mesa city limits, as set forth in Exhibit A & B, attached hereto and incorporated by this reference. Costa Mesa will remit payment to Santa Ana within ninety (90) days of receipt of invoice evidencing Project work performed within Costa Mesa city boundary. The total project cost for the City of Costa Mesa under this agreement shall not exceed $96,000.00.
3. Santa Ana shall coordinate the relocation of all affected utility company facilities within the city limits of Costa Mesa in a timely manner.
4. Santa Ana and Costa Mesa shall extend cooperation to each other and proceed under this Agreement in good faith to facilitate timely completion of the "Project". The Parties agree that PAGE 1 OF 11
when any component of this Project is subject to the approval of Costa Mesa, such approval shall not be unreasonably withheld.
5. Costa Mesa will be notified as to the official advertising dates, bid opening date, construction start date, and overall construction schedule. Also, a representative from Costa Mesa will be invited to attend pre-construction, Project status, and final walk through meetings.
6. Change orders for work within Costa Mesa must receive the written approval of the City Engineer of Costa Mesa or his/her designee prior to implementation.
7. The following staff members, or as otherwise designated in writing by the Executive Director of Public Works of Santa Ana or City Engineer of Costa Mesa, shall be the selected representatives of each City to act on each respective City's behalf with respect to this agreement. Any notices, requests, approvals, plan submittals or communications shall be provided to each representative noted below:
City of Santa Ana:
ATTN: Rodolfo "Rudy" Rosas, P.E.
City Engineer
Public Works Agency
20 Civic Center Plaza, M-43
Santa Ana, CA 92701
Phone: (714) 647-3379
E-Mail: [email protected]
City of Costa Mesa:
ATTN: Derek Wieske, P.E.
Assistant City Engineer
Public Works Department
77 Fair Drive
Costa Mesa, CA 92626
Phone: (714) 754-5291
E-Mail: [email protected]
8. Santa Ana shall cause its contractor for the "Project" to guarantee the Costa Mesa improvements against defects in workmanship and materials for a period of one (1) year from the date of acceptance by Santa Ana. It is further agreed that Santa Ana shall assume the responsibility for causing the Costa Mesa improvements to be brought or restored to full compliance with the requirements of the Plans and Specifications for any· portion of the Project which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications.
9. The City of Santa Ana shall have its contractor provide insurance as follows:
9.1 INSURANCE AMOUNTS. Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages:
9.2 MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain PAGE 2 OF 11
commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000.
Workers' Compensation (W/C): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Vendor has no employees.
Pollution Legal Liability and/or Errors and Omissions (PLL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
9.3 Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, City of Costa Mesa, their City Councils, and their officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City of Santa Ana and City of Costa Mesa, their City Councils, and their officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Permittee for both Cities.
3. All required insurance policies: For any claims related to this contract, Permittee's insurance coverage shall be primary and any insurance maintained by City of Santa Ana and City of Costa Mesa, their City Council, their officers, officials, employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Permittee's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability.
5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City of Santa Ana and City of Costa Mesa. Ten (10) days prior written notice shall be provided to City of Santa Ana and City of Costa Mesa for policy cancellation or non-renewal due to non-payment.
6. Certificate Holders on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701 and City of Costa Mesa, Attention: City Engineer, Public Works Department, 77 Fair Drive, Costa Mesa, CA 92626.The name and location of event should be included in the Description of Operations section of each certificate.
PAGE 3 OF 11
9.4 Self-Insured Retentions
Self-insured retentions must be declared to and approved by each City. Each City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
9.5 Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
9.6 Verification of Coverage
Permittee shall furnish the City of Santa Ana and the City of Costa Mesa with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Permittee's obligation to provide them. Each City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
9.7 Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work.
9.8 Subcontractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Parties are additional insured on insurance required from sub-contractors.
9.9 Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
10. This Agreement contains all of the agreements of the Parties regarding the Project and all previous understandings, negotiations and agreements regarding the Project are integrated into and superseded by this Agreement. •
11. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties.
12. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or PAGE 4 OF 11
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder.
13. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement.
14. This Agreement shall be binding upon and shall endure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns.
15. This Agreement may be executed by the Parties and counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.
16. This Agreement is to be governed by the laws of the State of California, in Orange County California.
17. Each party agrees to defend, hold harmless, and indemnify the other as to any and all claims, judgments, liabilities or damages for injuries and damages directly arising out of each party's own performance under this Agreement, except to the extent such damage or expense is caused in whole or in part by the other party's negligence or willful misconduct.
PAGE 5 OF 11
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year first written above.
CITY OF SANTA ANA
ALVARO NUNEZ
City Manager
ATTEST:
JENNIFER L. HALL
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
ByKYLE
Assis�
�LLESEN
Attorney
�
RECOMMENDED FOR APPROVAL:
Rodolfo Rosas, P.E.
Acting Executive Director
Public Works Agency
CITY OF COSTA MESA
�G§J?o;::v:
Interim City Manager
ATTEST:
APPROVED AS TO FORM:
KIMBERLY HALL BARLOW
City Attorney
) � � \
ByMM�
OMMENDED FOR APPROVAL:
\� �-----;-
RAJA ETHURAMAN
Public Works Director
PAGE 6 OF 11
Rodolfo Rosas
Digitally signed by Rodolfo Rosas
DN: cn=Rodolfo Rosas, [email protected], c=US
Date: 2026.02.18 16:39:31 -08'00'
EXHIBIT A
Location Map
FAIRVIEW STREET (SOUTH CITY LIMITS TO ALTON)
REHABILITATION PROJECT
PAGE 7 OF 11
__ IL
ALTON AVE
MACARTHUR BLVD
CITY LIMIT
CITY OF SANTA ANA
·-··-··-··-··-··-··-··-··-··-··-·· CITY OF COSTA MESA
SUNFLOWER AVE I ~ I
LEGEND: w
> a:::
8888881 PROJECT LIMITS ~
SANTA ANA
■ pwA ■
■ • 1'111!1.,c -s JNC•
EXHIBIT A
PROJECT 21-6978
FAIRVIEW STREET REHABILITATION
FROM SOUTH CITY LIMIT TO ALTON AVENUE
LOCATION MAP PAGE 1 OF 1
EXHIBIT B
City Cost Sharing Estimates
FAIRVIEW STREET (SOUTH CITY LIMITS TO AL TON)
REHABILITATION PROJECT
City of Santa Ana Cost Estimate
Table 1
City of Costa Mesa Cost Estimate
Table 2
PAGE 9 OF 11
CITY OF SANTA ANA Project No,:
2 3
4 5
6 7
8 9
IO
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 Date Revised:
Date Reviewed:
COST ESTIMATE
Fairview Street (In the City of Santa Ana) Rehabilitation South City Limit to Alton Avenue
AC Pavement* TN
Cold Mill (2")* SF 240,000
Asphalt Rubber Hot Mix (ARHM)* TN 3,300
PCC Sidewalk (4")* SF 5,900
9" Thick PCC Pavement with Dowels SF 200
PCC Driveway Approach (Commercial = 8")* SF 600
PCC Curb Ramp SF 400
PCC Curb and Gutter (Type A-2-8)* LF 2,000
PCC Curb (Type B-1) (Including Steel Rebar: LF 5,000
Colored Concrete - Brick Red, Topca8t Exposed
Aggregate Finish (T=4") SF 5,200
PCC Cross-Gutter (Arterial Street) SF 500
Concrete Bus Pad SF 3,100
Root Shave* EA 18
Furnish & Install New Water Valve Frame & Cover
to Finished Grade EA 22
Furnish and Install New Water Meter Frame & Cover
and Adjust to Finished Grade EA 3
Adjust Sewer and Drainage Manhole Frame & Cover
to Finished Grade Per C.S.A. STD. 306 Through 308 EA 4
Adjust OCSAN Manhole Frame & Cover to Finished
Grade Per STD. S-OSOA, S-055, and S-055A EA 7
Furnish & Install New 1/6 Pullbox to Finished Grade EA 5 Adjust Smvcy Monument to Finished Grade EA 2
Landscaping & Irrigation LS l
Construct Parkway Culvert (Type A) EA 2
Install Video Detection System at Fairview Street and
Se erstrom Ave1111e LS
Install Video Detection System at Fairview Street and
Alton Avenue LS
Install Video Detection System at Fai1view Street and
MacArthur Boulevard LS
Furnish & Install Traffic Loops Type E EA 12
Street Furnilnre LS 1
Project Advertisement Sign EA 2
Signing & Stripin g LS
21-6978
06/11/25
189,600.00
124,800.00
557,700.00
82,600.00
4,000.00
12,000,00
11,600.00
164,000.00
200,000,00
130,000.00
14,500.00
170,500.00
15,500.00
33,000.00
3,600.00
6,000.00
14,000.00
7,500.00
2,800.00
432,000.00
18,000.00
50,000.00
50,000.00
50,000.00
6,600.00
85,600.00
4,000.00
CITY OF SANTAANA Project No.:
2 3
4 Date Revised:
Date Reviewed :
COST ESTIMATE
Fairview Road (In the City of Costa Mesa) Rehabilitation Sunflower A venue Intersection Improvements
Asphalt Rubber Hot Mix (ARHM) TN
PCC Curb (Type B-1) (Including Steel Rebar) LF 265
Colored Concrete - Brick Red, Topcast Exposed
Aggregate Finish (T=4") SF 410
21-6978
06/11/25
33,800.00
10,600.00
10,300.00